Opinion
No. 2009-02035.
December 22, 2009.
Appeal by the defendant from an amended judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered February 17, 2009, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated conditions thereof, upon his admission, and imposing a sentence of imprisonment and postrelease supervision upon his previous conviction of attempted burglary in the second degree.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Before: Mastro, J.P., Balkin, Belen and Chambers, JJ., concur.
Ordered that the amended judgment is affirmed.
Since "the defendant admitted to the violation[s] of probation with a full understanding that he would receive the term of imprisonment actually imposed at the time of resentencing, . . . he has no basis now to complain that his re-sentence was excessive" ( People v Grzywaczewski, 61 AD3d 699, 700; see People v Trias, 50 AD3d 828, 828-829). In any event, the resentence was not excessive ( see People v Hobson, 43 AD3d 1179, 1180; People v Costanza, 36 AD3d 829, 830; People v Arogundy, 112 AD2d 1003, 1004; People v Suitte, 90 AD2d 80).